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Joint Stipulation

Joint Stipulation

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4K views5 pages

Joint Stipulation

Joint Stipulation

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Tampa Bay 28
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FLORIDA COMMISSION ON ETHICS JAM 4 2021 BEFORE THE RECEIVED STATE OF FLORIDA COMMISSION ON ETHICS In re: Doug Belden, Respondent. Complaint No. 19-154 Respondent, Doug Belden, and the Advocate for the Florida Commission on Ethics enter into this Joint Stipulation of Fact, Law, and Recommended Order with respect to the above-styled Complaint. Subject to acceptance by the Commission on Bthics, the parties agree that they enter into this stipulated settlement in lieu of further hearings in this cause. The parties stipulate as follows: STIPULATED FINDINGS OF FACT 1. Atall times material to this Complaint, Respondent served as Tax Collector for Hillsborough County, and therefore is subject to the provisions of the Code of Ethics for Public Officers and Employees, Part Ill, Chapter 112, Florida Statutes. 2. On April 29, 2019, a sworn Complaint was filed with the Commission on Ethics alleging that Respondent violated the Code of Ethics. 3 Pursuant to Section 112.322, Florida Statutes, the Executive Director of the ‘Commission on Ethics found that the Complaint was legally sufficient and on September 23, 2019, ordered a preliminary investigation of the Complaint for a probable cause determination of whether Respondent had violated the Code of Ethics. The Report of Investigation was released on May 20, 2020. 4, On September 11, 2020, the Commission on Ethics found probable cause to believe Respondent had violated Sections 112.313(2), and 112.313(6), Florida Statutes. ‘The allegations are: I. Respondent violated Section 112.313(2), Florida Statutes, by soliciting a favor with the understanding that his vote, official action, or judgment would be influenced thereby. TL. __ Respondent violated Section 112.313(6), Florida Statutes, by using public property and/or resources and using and/or attempting to use his position to secure a favor concerning his re-election bid. 5. Respondent admits there is probable cause for Allegation I. 6. Respondent admits the facts as set forth in the Report of Investigation conceming Allegation II as incorporated by reference in this Joint Stipulation. Specifically, Respondent admits to using e-mail resources to secure a special favor for himself concerning his re-election bid. 7. Respondent leaves public office on January 4, 2021 due to serious health concems. STIPULATED CONCLUSIONS OF LAW & Respondent is subject to the provisions of Part Ill, Chapter 112, Florida Statutes, the Code of Ethics for Public Officers and Employees. 9. The Commission on Ethics has jurisdiction over the Complaint as filed in this proceeding and over Respondent. 10. Respondent admits there is probable cause for Allegation T as set forth paragraph four (4) of the Stipulated Findings of Fact, above. ‘The parties agree that it would not serve the interests of the public to pursue this allegation. 11. Respondent admits Allegation II as set forth in paragraph four (4) of the Stipulated Findings of Fact, above. 12, Respondent violated Section 112.313(6), Florida Statutes, by using public property and/or resources and using and/or attempting to use his position to secure a favor concerning his re-election bid. Respondent acknowledges using e-mail resources to secure a special favor for ‘himself concerning his re-election bid. STIPULATED RECOMMENDED ORDER 13, The Advocate accepts Respondent's admission in this proceeding. 14, The Advocate and Respondent have entered into this Joint Stipulation and urge the Commission on Ethics to approve it in lieu of further hearings in this cause. 15. ‘Therefore, the parties request and the Advocate recommends that: (@) The Commission on Ethics approve this Joint Stipulation, embodying the stipulations, admissions, and recommendations of the parties; (©) The Commission on Ethics enter a Final Order and Public Report finding that there is probable cause to believe Respondent violated Section 112.313(2), Florida Statutes, but take no further action. (©) The Commission on Ethics enter a Final Order and Public Report finding that Respondent violated Section 112.313(6), Florida Statutes, and recommending: a civil penalty of $4,000. FURTHER STIPULATIONS 16. Respondent and the Advocate stipulate and covenant that they have freely and voluntarily entered into this Joint Stipulation of Fact, Law, and Recommended Order with full knowledge and understanding of its contents. Respondent and the Advocate further stipulate and covenant that this Joint Stipulation constitutes the full agreement of the parties and that there are ‘no oral or written understandings between the parties other than those contained in this Stipulation of Fact, Law, and Recommended Order. 17. Respondent and the Advocate stipulate and covenant that, in consideration of the 3 provisions of this Joint Stipulation of Fact, Law, and Recommended Order, they accept and will comply with the above-referenced Final Order and Public Report of the Commission on Ethics. 18. Respondent and the Advocate stipulate that this Joint Stipulation of Fect, Law, and Recommended Order is submitted to the Commission on Ethics for its consideration and ratification. In the event that it is not approved by the Commission on Ethics as written, this ‘document shall be of no purpose and effect and shall not be deemed an admission by Respondent. 19. Respondent enters into this Stipulation with the understanding of the seriousness of the allegations and is represented by counsel who has discussed with Respondent the importance ‘complying with the applicable provisions of Chapter 112, Florida Statutes. 20. Effective upon approval of this Joint Stipulation of Fact, Law, and Recommended Order by the Commission on Ethics, Respondent waives all time, notice, hearing rights, requirements, and entitlements, as to all subsequent hearings in this proceeding, Signed, dated and entered into: Signed, dated and entered into this 20"day of Does 2020. this BA. day of Mecouber 2020. Dlebod sche d De. DLE LAH Melddy A. Hadley Richard E. Coates, Esq. ‘Advocate for the Florida Coates Law Firm, PL Commission on Ethies Florida Bar No. 0930032 Florida Bar No. 0636045 115 Bast Park Ave. Office of the Attorney General Tallahassee, Florida. 32301 ‘The Capitol, PL-O1 850-681-1029 Tallahassee, Florida 32399-1050 850-414-3300 Ext. 3704 Signed, dated and entered into: this__day of 2020. ArtgeulD Doug Belden Respondent 8504143300 Ext 3704 no etaacachio

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